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Waiting time after an "Appeal Is Allowed"

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Waiting time after an "Appeal Is Allowed"

Post by Goblin » Thu Feb 06, 2014 12:59 am

Hi All,

I am new to this forum and looks like all members here are very helpful. If someone could help me as well would be great.
I had applied for Tier 1 Entrepreneur in Nov, 2012. And got refusal letter in May,2013. I had appealed and got Appeal decision on
6 Dec,2013. My Appeal was allowed on the basis of evidential flexibility policy. The appeal letter states exact wordings as follows;
1. I have allowed the appeal as being not in accordance with the law.
2. The decision under section 47 was withdrawn and therefore there is no decision to remove the Appellant
3. The respondent had not considered it and will have to under paragraph 2 of the immigration rules.

Decision:
I therefore allow the Appeal.
There is no direction sought or made regarding anonymity pursuant rule 45(4)(i) of the Asylum and Immigration Tribunal (Procedure) Rules 2005.

Now, Please if someone could explain me whether all the above is good, I do understand it is but my concern lies on the basis of this decision can Home Office still request more documents or they will grant me visa now. It's almost going to be 9 weeks since my Appeal has been allowed. But I haven't got my documents till now. So, wondering what is the usual time frame to wait. If anyone of you have had similar experience could share and give me some hope. I am trying stay positive but the wait has been too long. It's 15 months by now and this ride has been very tough. I just can't take this tension more. Please Advice.

Thanks in advance :)

qkiyani
Member
Posts: 125
Joined: Mon Apr 30, 2012 3:43 am
Pakistan

Re: Waiting time after an "Appeal Is Allowed"

Post by qkiyani » Thu Feb 06, 2014 3:53 am

hi,

dont worry ur appeal is allowed for issuance of visa not for reconsideration so hopefully u will get ur visa soon.normally it takes 3 to 5 weeks but in some cases it can take longer then that so be possitive.....

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Waiting time after an "Appeal Is Allowed"

Post by Goblin » Thu Feb 06, 2014 4:12 am

qkiyani wrote:hi,

dont worry ur appeal is allowed for issuance of visa not for reconsideration so hopefully u will get ur visa soon.normally it takes 3 to 5 weeks but in some cases it can take longer then that so be possitive.....
Thanks a lot for replying. I guess than there is nothing more I can do than to wait.

shashin
Newly Registered
Posts: 21
Joined: Sat May 18, 2013 10:44 am

Re: Waiting time after an "Appeal Is Allowed"

Post by shashin » Thu Feb 06, 2014 1:00 pm

Hi i am also waiting for it. I had my hearing on 6 dec then i got letter stating appeal allowed on 13 dec n till date m still waiting for my passport n documents. its now almost 2 month now.

Dont know whether ukba gonna put objection or they gonna send passport living in dilemma.

Finger Crossed all time .

Where as my partner got his passport back within a month after the appeal was allowed.

I hope lots of us going through this situation

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Waiting time after an "Appeal Is Allowed"

Post by Goblin » Thu Feb 06, 2014 2:35 pm

shashin wrote:Hi i am also waiting for it. I had my hearing on 6 dec then i got letter stating appeal allowed on 13 dec n till date m still waiting for my passport n documents. its now almost 2 month now.

Dont know whether ukba gonna put objection or they gonna send passport living in dilemma.

Finger Crossed all time .

Where as my partner got his passport back within a month after the appeal was allowed.

I hope lots of us going through this situation
Hi Shashin,

It's very unpredictable. As far as my knowledge is concerned there are time guidelines which UKBA follows in order to issue documents once the Appeal has been allowed. It takes 4 weeks for the documents to reach the specific department and then upto 8 weeks more for them to issue documents. So in total, 12 weeks time to wait before contacting UKBA. But, I doubt if these time guidelines are actually followed. I have been reading other posts on this forum and have seen some have been waiting much longer than 12 weeks. One of my friend got her's in the 5th week after the appeal was allowed. All we can do is to wait then. I did call home office to ask the status of my application and the lady over the phone replied that it's in queue. I asked her any idea how long it will take and she replied she can't say anything about time frame. But if you have an emergency you can write to case worker requesting him to speed up the process on your application with a valid reason. We have to remain positive, I guess that's all we can do as of now.

Good luck and hopefully we all will receive it soon.

hpatel0921
Newly Registered
Posts: 6
Joined: Thu Feb 06, 2014 2:01 pm

Re: Waiting time after an "Appeal Is Allowed"

Post by hpatel0921 » Wed Mar 12, 2014 3:33 am

Hi all,
My appeal was allowed on 21 Jan 2014. I was really happy but for a short time as UKBA challenged the decision on 28th of January. Then on the 10th of feb i got a letter saying that the FTT has refused the challenged appeal from UKBA. Can any one please tell me what will happen next and if my appeal is allowed or still hanging in the middle. I am totally confused.

Thank You,
HP

sufibaba
Newly Registered
Posts: 25
Joined: Mon May 05, 2014 12:46 pm

Re: Waiting time after an "Appeal Is Allowed"

Post by sufibaba » Tue May 13, 2014 9:44 am

Dont worry the case is in your side.
HO appeal hasnt accepted by the tribunal yes?
Ok now you need to push your solicitor and most important to get involve your area MP.
ALL THE BEST

awais 882000
Newly Registered
Posts: 21
Joined: Wed Mar 27, 2013 8:31 pm
Location: haverfordwest
Contact:

Re: Waiting time after an "Appeal Is Allowed"

Post by awais 882000 » Tue May 13, 2014 10:34 pm

One of my friends appeal was allowed last year in september and today 13 may he resived his brp and documents

hpatel0921
Newly Registered
Posts: 6
Joined: Thu Feb 06, 2014 2:01 pm

Re: Waiting time after an "Appeal Is Allowed"

Post by hpatel0921 » Wed May 21, 2014 3:42 am

sufibaba wrote:Dont worry the case is in your side.
HO appeal hasnt accepted by the tribunal yes?
Ok now you need to push your solicitor and most important to get involve your area MP.
ALL THE BEST
Thank you for your replay,
It's been more than three months now I called VFS Mumbai they are saying they have not received any documents from HO UK now can you believe that? Although they asked me to send my copies, I sent them and still they are saying they need determination copies from UK. I called up tribunal services they say that I need to contact the HO but they don't have any contact details. Up till now I have been Calling VFS Mumbai twice a week. Any more suggestion for me or if anyone have contact details of HO UK Fax Number or email Address. I am getting so much frustrated as I am out of job for almost more than one year now no source of income and my wife is supporting family which is in a way embarrassing for me.... Help Me.....

Entrepreneur786
Newly Registered
Posts: 12
Joined: Sat May 17, 2014 5:00 am

Re: Waiting time after an "Appeal Is Allowed"

Post by Entrepreneur786 » Wed Jun 11, 2014 10:02 pm

Hello guys..

Applied in December 2012
Refused September 2013
Hearing May 2014
Determination received First week of June 2014

Appeal remitted... Sent back to HO for reconsideration. BUT 

JUDGE PUT HIS REMARKS IN DETERMINATIOM THAT:

"I WAS TEMPTED ORDER ISSUANCE OF VISA BUT IN FAIR BALANCE FOR BOTH PARTIES I REMIT THE CASE TO HO FOR RECONSIDERATION. APPELANT BEEN DEALT POORLY. I DONT SEE WHY HO CANT SOLVE THIS ALL ISSUE IN 4 WEEKS TIME."
ALSO SAID ABOUT REFUND OF £142.00 TO APELANT.

Now anyone know about this before?

Did judge wrote this in anyone else determination.?

Judge saying solve this in 4 weeks time. Judge normally dont mention time frame right.?

May be because my case is from 2012.

anyone?

saidulabedin
Newly Registered
Posts: 13
Joined: Tue Sep 09, 2014 10:37 am

Re: Waiting time after an "Appeal Is Allowed"

Post by saidulabedin » Tue Sep 09, 2014 1:21 pm

apply date-11/12/12
refuse date-22/05/13
appeal date-5/12/13
appeal allowed date-12/12/13
fee back-12/01/14
document back still waiting,,

i don't no why ho take long time ,now is 1 year 9 month,still i don't gate any result, i send 2 letter to ho but no answer,,now please any one help me,what i need to do now,,

smallfamily27
Newly Registered
Posts: 20
Joined: Fri Jul 04, 2014 5:48 pm

Re: Waiting time after an "Appeal Is Allowed"

Post by smallfamily27 » Fri Jun 05, 2015 5:27 am

My wife's spouse visa application was refused from pakistan (long story)...she appealed to first tier tribunal, got refused on the basis of error of law. She appealed again to the upper tribunal and finally her appeal is allowed.

So can someone pls share their experience. ..In how long she will be contacted in pakistan and who will be contacting her and how I.e through a letter or a phone call.
Does she need another TB test before resubmitting her passport for visa printing?

Pls advise...thanks in advance

shaheenwales12
Newly Registered
Posts: 14
Joined: Tue Sep 02, 2014 12:06 am

Re: Waiting time after an "Appeal Is Allowed"

Post by shaheenwales12 » Mon Dec 28, 2015 12:50 am

congratulation to all who got visa after appeal was allowed. Would any one tell me the approximate or maximum time limit of getting visa/further refusal after appeal has been approved? my appeal was allowed in first week of October/14, business partner has got his one in November but mine one is about 3 months now and still waiting.

Rohma123
Newly Registered
Posts: 1
Joined: Wed Sep 27, 2017 2:00 pm
Ukraine

Re: Waiting time after an "Appeal Is Allowed"

Post by Rohma123 » Wed Oct 11, 2017 5:55 pm

Hi, my apeal was allowed on 25th 20017 I still waiting any body tell me please after that how long takes time get visa

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